help account in dispute - cap1

[italy]

I was not sure if this is the right place. We have an account in dispute. So we are only paying a token payment. The dispute dept do not seem to talk to the collections dept and so we keep getting hounded by them. They have also put a late payment on my credit reference and say they will request the full payment. What do i do talk to them or the ombudsman? Are there any letters i should send?

[cerberusalert]

Whilst you are still making any payments the account won't be in dispute. Why are you disputing the account & have you sent the 'In Dispute' letter?

[italy]

we have an account in dispute. We have continued to pay a token payment but are still getting hounded by collections. It seems the dispute dept does not speak to the collection dept,. What do we do contact the ombudsman or is there a letter i should send to the credit card company.

[italy]

oh and i forget to add they have put a late payment notice on my credit file and say they will request the full amount

[cerberusalert]

See your other post http://www.consumeractiongroup.co.uk/forum/general-debt-issues/190351-help-account-dispute.html

[maroondevo52]

Two threads merged.

 

italy, please keep to one thread on this subject, makes it easier for people to follow and help you.

 

Regards.

 

Scott.

[italy]

Sorry THe account is in dispute as they cannot produce an agreement. A solicitor is dealing with that but they say the choice not to pay is ours and we need to contact them

[cerberusalert]

Did they state in writing that they cannot produce this agreement?

 

Is the solicitor dealing with this their's by any chance?

[italy]

No We Had The Agreement Checked

[cerberusalert]

If the agreement is unenforceable the only contact you need have with them is in writing stating the reasons for your dispute.

[cerberusalert]

If you give me your reasons for disputing I will post up a template for you to send.

[italy]

Thank you sorry i have been so long in geeting back to you the account is in dispute because they cannot find an agreement that is signed plus the interest rates are incorrectly stated.

 

I have tried to set up an interim 6 month payment plan but they will not do that until i send in a signed letter. ( the agreement was originally in my maiden name) In stead they harrass me and no department seems to talk to another. They say they will default the account I do not really understand what that will mean but i do know the letters frighten me as they threaten all sorts. what do i do?

[cerberusalert]

If they cannot find a signed agreement they cannot enforce payment of any kind, you can send the 'in dispute' letter #19 The Consumer Forums - Debt collectors and stop any future payments. In effect the account will be in limbo, they cannot add further charges or pass it on to a third party etc. Even if they found a signed copy it would still be unenforceable because of the incorrect interest rates....it wouldn't have been executed correctly.

 

Whilst you are still paying them the account will never be in dispute....how can it be, you're paying them.

[italy]

Thank you for your help I shall send letter 19 and fingers crossed. I will let you know their outcome.

[italy]

I have a solicitor who is about to issue proceedings on capital one as they did not produce an agreement. i have also sent them a letter regarding the account being in dispute and the fact they continue to call, add interest etc. This morning at 830 we get a call to say we will be defaulted. i explained the situation and then they want a payment plan to be agreed. The stress and pain this is causing not only for me and my family makes me feel is it worth it. this site has really helped me to carry on and i hope light will be at the end of the tunnel but are people being successful in these claims or do these bullies win in the end?:(Sorry my fighting spirit feels low today

[funky monkey 79]

Hi Italy

I, as probably many here know exactly how you feel, I myself are a bit low at the moment with all the constant calls etc but I am certain that together here on CAG we can fight & WIN!!! Keep your chin up and don't let them get to you. without the agreement & a solicitor on your side I am sure it will all be worth it in the end.:D

 

Good Luck

fm79

[italy]

thanks. it is all such a roller coaster. Encouragement and support help.

[funky monkey 79]

Your welcome, anytime;)

 

 

& you don't have to speak to them on the phone, just tell them everything must be in writing and that you are recording the call even if you're not.

Then send the telephone harrassment letter which you can find in the library. note times & dates of all calls. if you have caller display and they display their number then everytime that number rings don't answer if you don't have caller display or they withold the number as soon as you know it is them just hang up.

 

luv fm79

[italy]

i have sent the letter but no reply they have instead said they are putting a default on my credit reference

what exactly is a default and if in the future i am successful with my claim will they have to remove it and any sign of the account from my account

Should i contact the credit reference agency

 

Sorry lots of questions

[cerberusalert]

Have they sent you a 'Default Notice' giving you 14 days to remedy the a/c?

 

A default is a 'black mark' on your credit file that stays there for six years, but they cannot do so without issuing a default notice which must be properly drafted and served.

[italy]

They have sent what must be a pre default letter as i have 28 days to pay the arrears and then they say it will be defaulted

[cerberusalert]

 

Make a complaint to your local trading standards & the OFT with regards to their continuing to pursue a debt whilst in dispute, they are in clear breach of OFT guidelines & CPUT;

 

Debt collection guidance - Final guidance on unfair business practices - oft664

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

[Reader]

Subbing with interest as I am in a similar predicament!

[italy]

have received a letter from capital one who say that they have compiled with my request in their view the account is not in dispute and so i am still bound by it. consequently they will default the account.

I feel confused angry and worried. should i set up a payment plan or simply let them default the account.advice?

[cerberusalert]

Have you made a complaint to to the OFT yet?